QLD Understanding Will and Probate?

[Justcheckin]

(Where the cause of death or other evidence suggests lack of testamentary capacity) [To the best of my knowledge, information and belief, the deceased had testamentary capacity at the time of executing his/her will.] (If the deponent is aware of any circumstance which might give rise to any apparent doubt as to testamentary capacity, that circumstance must be disclosed).

I find this statement confusing. At the time of writing the will, my partner's ability to read was severely impaired. Consequently stated, this difficulty and the necessity to read the will to my partner so that my partner would comprehend the will as part of the attestation. All this was done in the presence of the witnesses.

I know my partner had testamentary capacity at that time.

Do I need to respond to the sentences in italics, or is the attestation on the will sufficient?

 

[Rob Legat - SBPL]

As long as the attestation in the will sufficiently clarifies the circumstances under which the will was signed, you should not need to further explain it. The court will make a direction if they require further information. You partner's capacity to form the relevant testamentary intent is not diminished by the ability to read.

The same circumstances are relevant for a testator who is blind.

Item 1 above is aimed at establishing testamentary capacity if there is a question that the testator lacked the capacity to do so.

 

[Justcheckin]

Thank you for response Rob Legat. Your clarification was of great assistance.